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Mark Randolph Matney
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Mark Matney’s Answers

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  • Can I get a Virginia license if I have a restricted Missouri license?

    I have two DUIs. I got one when I was 21 and my second at 24. I am 28. By Virginia law, I would have appeased my time, but in Missouri I still have two more years under a restricted license. If I need to move to Virginia for a job, is there any le...

    Mark’s Answer

    I agree with attorney Fremit that your Missouri restricted license does not grant you the privilege to drive in Virginia. The current status of your license is that it is suspended but you have a restricted license that permits you to drive for certain purposes and within certain times within Missouri.
    I recommend that you apply for a Virginia driver's license when you relocate to Virginia. The Virginia DMV may grant you a regular license since you are beyond the three years that Virginia would have suspended your license if the second offense DUI had occurred within Virginia. If not, then you may be able to obtain a restricted license for work. It would be a good idea for you to contact the Virginia DMV directly. Their website is: http://www.dmv.state.va.us/

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  • Does speeding ticket from VA get transferred to NJ?

    I got a speeding ticket for 82 mph in 70 mph zone on I -80 south in VA , would like to know if the points get transferred to NJ?

    Mark’s Answer

    If you mean I-81 and you were found guilty of reckless driving, then you should consider an appeal to the circuit court. You have 10 calendar days from the date of your conviction to either file an appeal in person or have a lawyer file on your behalf. You would receive a new hearing with a new judge. If you were convicted of simple speeding, then you need to note whether the speed was reduced. This is important because DMV and insurance carriers will treat 79 mph in 70 mph zone less seriously than 82 mph.
    With respect to New Jersey, you can expect your home state to become aware of the charge and to assign points based on the equivalent conviction occurring in New Jersey.

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  • Why was I arrested and not given a summons for a civilian Class 1 misdemeanor assault and battery complaint in the state of Va?

    Arrest Warrant or Summons on a Civilian Complaint: I have been falsely charged with assault and battery by a convicted felon/step-grandson who is trying to intimidate my grandmother to move from her home where she has living rights. A deputy came ...

    Mark’s Answer

    I agree with attorney Hahn that it is imperative that you work a lawyer who will help defend you. I recommend that you identify an experienced, local, defense attorney who is familiar with the local court. Someone like this will know the best strategy based on the judge and prosecutor.
    I also recommend that you write down all that you can remember of the night when the incident was supposed to have occurred. You will want to provide your lawyer with as many details as you can regarding the people present - their statements, actions, and contact information.
    Your primary concern right now must be defending yourself against the charge. Once you successfully defend against the complaint, you may consider a civil action against the person who filed the false complaint.

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  • DUI charges in Virginia. I got one in Florida 4 year ago, now what. In Spotsylvania in my driveway.

    It's bad. I blew a .19. My 16 yo is taking me back and forth to work. I'm not looking for miracles. I have a problem. The bondsman told me to go back to the jail in 7 days to get my license. I just don't want to lose my job, I just got it. I'll we...

    Mark’s Answer

    • Selected as best answer

    I agree that you should find a defense lawyer who concentrates on DUI/DWI defense. You are facing elevated penalties due to the 2nd offense and the elevated BAC at the time of a 2nd offense. If you are found guilty of 2nd offense DUI within 5 years of a prior DUI, then you would face 20 days mandatory minimum jail. With a 0.19 BAC at the time of a 2nd DUI, you would have an additional 10 days mandatory minimum jail.
    There are no guarantees in this type of case because there are many different factors involved, such as the facts of your case and the combination of police, prosecutor and judge who will be involved in your case. However, there are definite steps you and your lawyer can take to improve your chances.
    Your lawyer needs to explore whether he can show that the Florida statute in effect at the time of your previous DUI conviction was not substantially similar to current Virginia law. This could help obtain an amendment from 2nd offense to 1st offense, which would eliminate the mandatory jail of a 2nd offense and reduce the jail for a high BAC to 5 days.
    To provide you with the best possible defense, the lawyer you work with should also evaluate the Department of Forensic Science report for your breath test and determine whether the police met the legal standards of reasonable suspicion for stopping you and probable cause for arresting you.
    The bad news is that if the warrant indicates that you were charged with a 2nd offense, then your license should be suspended for 60 days or until your court date, whichever occurs first. Double check the notice of suspension you received.
    Ultimately, I hope that you will be successful both in this legal case and in moving forward.

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  • Will I need to collect specific rental car info after receiving a reckless driving (82 in 70) ticket in Virginia (before return)

    Today I received a reckless driving ticket, 82 /70 in Mecklenburg cty, VA. I was driving an out of state rental car. Is there anything I need to do/information to collect before I return the car?

    Mark’s Answer

    Do not take the charge lightly. As others have shared, the charge is one that is likely to be amended if you and your lawyer prepare appropriately and present your case to the judge. However, you must take the necessary steps and either appear or hire a lawyer to appear with you or for you. If you still have the vehicle, then having the speedometer calibrated could be helpful. The problem with a calibration is that you do not know in advance whether the speedometer is off in your favor. A good driving record and a driver improvement course will always be helpful for courtl.

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  • I was stopped for speeding in Clarke, VA. It also transpired my licence had been revoked, unbeknown to me. What can I do ?

    I have been a VA resident since 2000. However, I spent two years in the UK and had changed my mailing address (although not my home address) to a Maryland P.O. Box during that time (so that my mother-in-law could forward on our mail). That, appa...

    Mark’s Answer

    You definitely must appear to defend yourself and to seek amendment of the charges. I agree with previous answers recommending that you find a local lawyer to assist you. Someone who is familiar with the judge will help coach you with preparations that the specific judge prefers. However, I also offer you the following input:
    For the speeding charge, I recommend that you pursue a driver improvement course and that you be prepared to tell the court what you learned from the course and how you are applying it to your driving since being stopped.
    For the license charge, you must take your license with you to court. Many judges are much more lenient when someone appears in court with a valid license. Your lawyer can help you argue that you were not notified of the license suspension. The valid license and lack of notice may result in a dismissal. Otherwise, seek an amendment to the traffic infraction of No License in Possession, Virginia Code 46.2-104, which only carries a $10.00 fine.

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  • I pled guilty at arraignment for reckless driving, do I have any chance of a reduced charge when going to the actual court date?

    Traffic, Speeding I was pulled over doing 89 in a 70, I plead guilty at arraignment, which according to online, didn't seem like a bright idea. The guilty plea was 90 days of a suspend license, which isn't my worry, the criminal record and incr...

    Mark’s Answer

    I agree with the comments of the other lawyers that if you have been found guilty of reckless driving then your case was resolved and you have only ten days from the court date to file your appeal. However, I write to add that if you have missed the ten day deadline to file an appeal, you also have the right to file an Motion to Reopen within 60 days of your court date.

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  • Will I need a lawyer?

    About a month ago, I received two tickets from a highway patrolman (OHP), one for speeding and another for fleeing the scene of hitting a mailbox (I returned to the scene and called them myself along with the mailbox owners, I wasn't chased down) ...

    Mark’s Answer

    I encourage you to consult with a local lawyer who is familiar with the judges and prosecutors of the county where the case will be heard. Someone who knows the local court will be able to guide you so that you can prepare in advance and provide the judge with the evidence he or she values the most. It may be tempting to represent yourself, but a misdemeanor conviction could be a permanent blemish on your criminal record. It would be better to invest in the help of a good lawyer who could help minimize or avoid the charges.

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  • How should I plead in this speeding ticket trial?

    Hello, I'm going to court this coming week for a speeding ticket. I was caught by an aircraft on Interstate 95 for speeding. However, the reason for my speed was to avoid an accident, and when a state trooper finally pulled me over down the road...

    Mark’s Answer

    The benefit of hiring a local lawyer is that he or she could inform you of the steps the local judges like to see in order to consider reducing or dismissing your charge. For example, the local judges prefer to see that someone has a good driving history combined with either a certificate from a driver improvement class or a favorable speedometer calibration.

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  • Does VA STATUTE: G.46.2-870 ever get removed from your record?

    Over 8 years ago, I got a speeding ticket in VA (I live in TN). The cop "paced" me going 80 in 65, even though I know I wasn't going over 80. They tried to charge me with reckless, but I pleaded it down to what I thought was a normal speeding tick...

    Mark’s Answer

    You are correct in stating that 46.2-870 is the statute for speeding. A conviction for reckless driving by speed would have been under 46.2-862.
    You DMV transcript should only report a speeding ticket for 5 years, whereas any misdemeanor traffic offense would have remained on your driving transcript for 11 years.
    If the charge is still being reported on your DMV transcript, then you should contact the DMV to request that the old charge be removed. If a local office is unable to assist you, then proceed by writing the DMV in Richmond.
    The fact that you were charged with an offense may continue to be reported indefinitely on a criminal history, but it should also show the amendment to the lesser offense. If your criminal background record shows that you were convicted of the original charge, then you should follow attorney Kevin Wilson’s advice by obtaining a certified copy of the order from the court and providing it to the Virginia Department of State Police.
    I represented a client was convicted of reckless driving by the court, but the offense was keyed in as contributing to delinquency of a minor. We obtained a certified copy of the original order from the court and submitted it to the State Police and they responded by correcting my client’s record.
    I hope you will be successful in resolving this matter.

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